and ability, returned the following verdict, to-wit. "We the jury find for the (as the verdict may be.) "It is therefore considered, that the (plaintiff or defendant, as the case may be) recover," &c. as in form No. 4. Or if the case stand on default, and the jury are sworn to inquire of damages only, after the word sworn, say, "Well and truly to inquire.of, and assess the plaintiff's damages in said cause," &c. in which case their verdict will be "We the jury assess the plaintiff's damages at If the jury try the cause, on an issue made between the parties, they are to find for the plaintiff or defendant (as the case may be) so much in debt or damages, as the nature of the action or defence may require; or to find generally for the defendant.

9. Judgment in replevin, for plaintiff.

It is considered that for the tortious taking and unlawful detention, (or 'the unlawful detention,' as the case may be,) complained of by the plaintiff, the said plaintiff recover of the defendant the sum of for his damages sustained by reason thereof, with costs of suit taxed at and the defendant in mercy," &c.

.

If the defendant succeed in his defence, before the justice or jury, there will be a general verdict and judgment in his favour, "that the defendant go hence without day, and recover of the plaintiff his costs," &c. as in forms No. 5 and 7.

If the defendant shall have pleaded a plea entitling him to a judgment for a return of the property replevied, to wit. a plea of property in himself, or any person other than the plaintiff, at the time of suing out the writ of replevin, and such plea be found true, the judgment will read "It is therefore considered that the defendant have return of the goods and chattles replevied (or such part of them as may be adjudged to him,) to wit. (here describe them,) agreeably to law; and that he recover of the plaintiff his costs," &c. as above,

State of Indiana,

10. Fieri facias.

To any constable of

county, sct:

township, GREETING:

Whereas A. B. obtained judgment against C. D, be

fore

a justice of the peace for said township, for with interest thereon, at the rate of six per cen

day of

tum per annum, from the till paid, together with costs of suit, taxed at on the day of : You are therefore commanded (adding here, in case of an alias fi. fa., "as before commanded" or, in case of a pluries, "as often before commanded") that of the goods and chattles of said C. D. in your county, you cause to be made the said debt (or damages, as the case may be,) interest and costs, and accruing costs, by distress and sale thereof, returning the overplus, if any, to said C. D.: And of this writ make legal service and due return to me at my office in said township, within thirty days from this date,

Given under my hand and seal this day of 18 J. H., J. P. [SEAL.]

11. Capias ad satisfaciendum.

county, sct.
township, GREETING:

State of Indiana, To any constable of (Recite the judgment, as in a fi. fa., No. 10. and say,) you are therefore commanded, that you take the body of said C. D. to satisfy to said A. B. the debt (or damages,) interests and costs, and accruing costs, and commit said C. D. to the common jail of said county, there to be detained until said debt (or damages,) interest and costs be fully paid and satisfied, or he be otherwise duly discharged: And of this writ make legal service and due return. Given under my hand and seal this 18

day of J. H., J. P. [SEAL.]

12. Affidavit for a state warrant.

State of Indiana,

county, sct.

day

Before me A. B., a justice of the peace of the county aforesaid, this day personally came C. D., of who being by me duly sworn, saith, that on the of , at the county aforesaid, E. F., late of said county, did (here describe the crime or offence)-or, after setting forth the time and place as above, after the word county; say, a certain-(here describe the crime or offence, assault

M

and battery, larceny, or the like) was perpetrated on the body (or goods) of G. H., and that he verily believes a cer, tain E. F., late of said county, is guilty of said offence, or that he has been aiding and assisting in the commission thereof; and further saith not.

State of Indiana,

13. State warrant.

county, sct.

To any constable of said county, GREETING: Whereas complaint has been made before me, J. H, a justice of the peace of the county aforesaid, on the oath of A, B., that on the day of at the county aforesaid, E. F., late of said county, did (here describe the offence, as in the affidavit:) You are therefore hereby commanded to take E. F., and him forthwith bring before me, or some other justice of said county, to answer to said complaint, (or if the warrant be issued on view without complaint, say, "for said offence," instead of complaint,) and be further dealt with according to law. Given under my hand and seal, this day of J. H., J. P. [SEAL.]

State of Indiana,

in

14. Search warrant.

county, sct.

18

To any constable of said county, GREETING: Whereas it appears to me, J. H., a justice of the peace of said county, by the oath of A. B., that the following goods and chattles, to-wit. (here describe them) have withdays last past (or were, on the day of ,) by some person or persons unknown, been feloniously stolen, taken and carried away out of the hands and possession (or from the premises) of C. D., of the county aforesaid; and A. B. doth, on oath (or affirmation) declare that he verily believes that said goods or part thereof are concealed (in, on, or about the house or premises of E. F.; describing the place to be searched) in said county:

These are therefore, to command and authorize you,

with the necessary and proper assistance, to enter into said (here describe the house, premises or other place to be searched,) and there diligently search for said goods and chattels, and if the same, or any part thereof be found, on such search, bring the same, as also the said E. F., forthwith before me or some other justice of said county, to be disposed of and dealt with according to law. And of this writ make due service and return.

Given under my hand and seal, this

day of 18 J. H., J. P. [SEAL.]

The affidavit for a search warrant may be substantially the same as the introductory or reciting part of the warrant as laid down in the above form, and should always name the suspected person, if the affidavit can safely do so.

15. Warrant for surety of the peace, &c.

State of Indiana,

county, sct.

To any constable of said county, GREETING: Whereas A. B. hath this day made oath before me, J. H., a justice of the peace of said county, that he hath been threatened by C. D. of said county, and verily believes that said C. D. will do some bodily injury to himself (or family; or destroy his property, or procure some other person to do so, as the case may be;) and that he doth not make complaint through malice, or for mere vexation: Whereupon he hath prayed surety of the peace, &c.

You are therefore hereby commanded to apprehend said C. D., and bring him forthwith before me, or some other justice of said county, to find surety for his personal appearance, at the next circuit court to be holden in and for said county, and in the mean time to keep the peace generally, and especially towards said A. B., (and his family, if required.)

Given under my hand and seal, this

day of 18 J. H. J. P. [SEAL.]

(The above form shews what is necessary in the affidavit.)

State of Indiana,

16. Recognizance.

county, sct.

day of

A. B.

Be it remembered that on the the year one thousand eight hundred and and C. D. personally appeared before me, J. H., a justice of the peace of said county, and jointly and severally acknowledged themselves to owe to the state of Indiana, the sum of dollars, to be levied of their, and each of their goods and chattels, lands and tenements, if default be made in the condition following, to-wit. The condition of this recognizance is such, that if said A. B. shall personally appear at and before the next circuit court to be holden in and for said county, on the first day of the term, then and there to answer said state, on a complaint (or charge, as the case may be) of an assault and battery on E. F. (or larceny of the goods and chattels of E. F., or other crime or offence, as may be) made against him on the oath of E. F. (or on view by me, the justice aforesaid,) abide the judgment of the court thereon, and not depart without leave, then this recognizance to be void; otherwise, in full force in law. (Signed) A. B. [SEAL.] C. D. [SEAL.]

Taken and acknowledged before, and approved by me,

at the county aforesaid, this

day of 18

J. H., J. P.

If the recognizance be for the appearance of witnesses, before the circuit court, vary the condition, so as, after the words, "first day of the termn," to read "to give testimony on behalf of the state, on such matters as may be then and there required of him, and not depart thence without leave, then this recognizance to be void, &c.

If it be for the appearance of a defendant or witness before a justice, vary the condition accordingly.

17. Mittimus or commitment.

State of Indiana,

county, sct.

J. H. a justice of the peace of said county, to the keeper of the jail of said county, GREETING: Whereas A. B. on the day of

in the year

, personally appeared before me, the justice afore